Is delivery of the Buona Area Development Agreement by facsimile considered valid?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement may be signed with full legal force and effect using electronic signatures and records. Delivery of this Agreement by facsimile, e-mail or other functionally equivalent electronic means of transmission constitutes valid and effective delivery.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the Area Development Agreement can be delivered with full legal force and effect through various electronic methods. Specifically, the FDD states that delivery by facsimile, e-mail, or other functionally equivalent electronic means of transmission is considered a valid and effective form of delivery.
This means that a prospective Buona area developer does not necessarily need to physically deliver the signed agreement. Sending the agreement via fax or email holds the same legal weight as a traditional hard copy delivery. This can streamline the process and reduce delays associated with physical document transfer.
It is important for the prospective franchisee to ensure that the method of electronic delivery used is reliable and provides proof of transmission and receipt. This could be in the form of a delivery receipt for emails or a confirmation page for fax transmissions. Maintaining these records can help avoid potential disputes regarding the delivery and validity of the agreement.